Patrick's Candy Pantry receives special permit

By Tanner Harding | Jul 10, 2017

Marion —

After a month of conversations with town officials and ironing out permitting issues, it's official: Patrick's Candy Pantry will open inside Rooney's Barbershop in Marion.

The Planning Board on Monday approved a special permit for the operation, allowing Patrick Kelly to sell candy inside the shop.

However, plans for an ice cream truck outside with patio seating are currently on hold. For now, the truck will stay parked at The Ropewalk in Mattapoisett.

Summer resident Brian Kelly developed the barbershop, located at 428 Wareham Road, and included a small space for his 19-year-old son, Patrick, who has autism, to sell candy. Brian Kelly said the storefront was about giving his son an opportunity to interact and socialize with customers. The barbershop is run by longtime Carver-based barber Rob Rooney.

Patrick Kelly had initially planned only to sell packaged candy, but later, officials learned of the family’s plans for the ice cream truck and outdoor seating. That triggered the need for the Kellys to secure a special permit through the town – a permit for which the Kellys did not apply.

Without the proper permit, Building Commissioner Scott Shippey was forced to issue a cease-and-desist order days before Kelly's planned June 14 opening.

The Kellys met with the Planning Board the following week, and officials voted to allow the shop to operate sans ice cream truck and outdoor seating. But the next day, the town attorney told officials that the vote was not valid, as the Planning Board does not have the authority to overrule the building commissioner’s cease-and-desist order. A public hearing would need to be held -- and was scheduled for Monday July 10.

Following Monday’s hearing, the Planning Board OK’d the permit, but required a “minor site plan review” to ensure the barbershop and the candy operation are separate.

The minor site plan approval hinges on a conversation between Rob Rooney and Lynn Read, the attorney for the state’s Board of Registration of Cosmetology and Barbering.

Read “would like to hear from Brian Kelly and Rob Rooney regarding the floor plan in the barbershop,” Planning Board Chair Eileen Marum said. “She acknowledged that she does have a floor plan, but does not know how the inside of the barbershop is divided up.”

Marum said she explained that each entity has a separate entrance.

“However…the concern is people may try to come in the wrong door,” she said.

Rooney told the Planning Board that an official from the state board who had inspected the barbershop in June did not have an issue with the layout of the shop.

“I’ll take care of it first thing tomorrow morning,” Rooney said.

Reached Tuesday, Rooney said “we’re all set, good to go.”

Kelly will begin to sell his candy as soon as he can get his shelves stocked and ready.

Comments (2)
Posted by: Chris Collings | Jul 11, 2017 06:44

Congratulations Patrick - I look forward to visiting you soon to purchase a candy bar.  Thank you and your family for your patience and grace as the Marion Planning Board walked back its awkward and graceless actions.

As a freshman member of this planning board I was surprised and disappointed with how the town welcomed you to the area.   Happily we have been able to move past this ugly experience.

Hopefully individuals on the Marion Planning Board have learned a valuable and humbling lesson about overreach and unintended consequences.

thank you again for sharing your enthusiasm with all of us!

Chris Collings

Marion Planning Board - Freshman





Posted by: Eileen Jean Marum | Jul 11, 2017 14:07

In requiring that Patrick's Candy Pantry follow the process of obtaining a Site Plan Review and Special Permit, the Planning Board was performing its duties to apply the Town's Zoning Bylaws. Sometimes the rules are not popular, but the Board must apply the rules consistently for everyone. The process was a valuable learning experience for the Kelly family, and we are pleased that Patrick's Candy Pantry will soon be open for business.

Eileen J. Marum

Chairman, Marion Planning Board


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